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HomeMy Public PortalAboutZBA Minutes 2006-05-16ND CITY OF RICHLAND HILLS, TEXAS 817) 299-1870 • 3200 DIANA DRIVE • RICHLAND HILLS, TEXAS • 761 18 COMMUNITY DEVELOPMENT REGULAR MEETING MINUTES CITY OF RICHLAND HILLS ZONING BOARD OF ADJUSTMENT MAY 16, 2006 1. CALL TO ORDER Chairman Malvin Brantley called the meeting of the Zoning Board of Adjustment to order at 7:30 p.m. on Tuesday, May 16, 2006, in the Council Chambers of City Hall, 3200 Diana Drive. Regular members present: Al Hamilton, Joe Moore, Eddie Leon Nelson, and Chairman Malvin Brantley. Regular member absent: William Fey. Alternate members present: Mike Logan (seated as regular member in Member Fey's absence), and Patricia Jermyn. Staff in attendance: Director of Community Development Howard Gregory and Recording Secretary Linda Cowart. 2. APPROVAL OF APRIL 18, 2006 REGULAR MEETING MINUTES Motion: A motion was made by Member Moore, and seconded by Member Nelson, to approve the April 18, 2006 Regular Meeting Minutes as presented. Vote on Motion: Member Nelson - "Yes." Member Moore - "Yes." Member Hamilton - "Yes." Member Logan - "Aye." Chairman Brantley - "Yes." The motion carried by a vote of 5 to 0. Printed on Recycled Paper Zoning Board of Adjustment Regular Meeting Minutes May 16, 2006, Page 2 3. ADOPTION OF RULES OF PROCEDURE GOVERNING MEETINGS The Board requested at their April meeting that the City Attorney's office make several changes to the `Rules of Procedure Governing Meetings' and submit for review when completed. The revised document had not been resubmitted for the Board to review. Motion: A motion was made by Member Moore, and seconded by Member Hamilton, to table the item to a later date. Vote on Motion: Member Nelson - "Yes." Member Moore - "Yes." Member Hamilton - "Yes." Member Logan - "Yes." Chairman Brantley - "Yes." The motion carried by a vote of 5 to 0. 4. CASE NO. 10-06 REQUEST FOR VARIANCE UNDER SECTION 90-52 (3) OF THE RICHLAND HILLS ZONING ORDINANCE TO ALLOW OWNER TO VARY FROM THE DEVELOPMENT CONTROLS SET FORTH IN CHAPTER 90, SECTION 90-232 (2) SIDE YARD (INTERIOR LOT) REQUIREMENT AND LOT SIZE (MINIMUM REQUIREMENT), IN THE R-1 SINGLE FAMILY RESIDENTIAL DISTRICT, ON PROPERTY LOCATED AT 3320 KINGSBURY AVENUE, RICHLAND HILLS ADDITION, BLOCK 29, LOT 2, RICHLAND HILLS, TARRANT COUNTY, TEXAS (REQUEST BYHOWARD GREGORY, DIRECTOR OF COMMUNITY DEVELOPMENT, CITY OF RICHLAND HILLS) Director of Community Development Howard Gregory, after being duly sworn in, advised that the City acquired the property at 3320 Kingsbury approximately five and a half years ago, and maintained the property since that time. The City was requesting a variance from the eight foot side yard setback and a variance from the overall lot size, which is 10,000 square feet by current City Code. The size of the lot in question is 0.2094 acres, or 9,125 square feet. The original house was built in 1952 or 1953. Five feet had been the setback for homes built back in that era, but eight feet today. The property was sold two or three times at auction, but always came back to the City because it did not meet City Code and nothing could be built on the property. If the variance that was requested by the City were granted, the property could be sold and a house built on the lot. Zoning Board of Adjustment Regular Meeting Minutes May 16, 2006, Page 3 Chairman Brantley asked Howard Gregory, Director of Community Development, if the lot would retail its R-1 zoning even though it adjoins commercial property. Mr. Gregory replied it would indeed retain its R-1 zoning. Member Logan wanted to know if a setback requirement of five feet on either side would be similar to current conditions of other houses in the area, while maintaining front and back setbacks as they are. Mr. Gregory responded that a setback of five feet would be suitable, while maintaining front and back setbacks as they are. Member Moore asked if the building size of 1500 square foot minimum would be a problem. Mr. Gregory assured Member Moore that the minimum building size of 1500 square feet could be met with the five foot side yard setback. Member Logan inquired if there was a restriction in that subdivision for two story houses. Mr. Gregory replied there was allowed athirty-five foot maximum height for two stories. Member Logan stated, on the record, for clarification, about the possibility of an ordinance being passed previously that would allow for the same conditions to exist on this lot. Mr. Gregory addressed that by informing the Board that back in 2004 the Planning and Zoning Commission reviewed a proposed ordinance that would have allowed for the smaller lots to be reconstructed had they burned down or been destroyed by the City upon an abatement issue, or some similar situation. It never became an ordinance, so the Planning and Zoning Commission will be looking at this in the future. Member Moore wanted to know how many letters were sent to surrounding property owners. The Recording Secretary stated that nineteen letters were sent to surrounding property owners. Motion: A motion was made by Member Logan, and seconded by Member Hamilton, to approve a five foot side yard setback and a variance from the 10,000 square foot minimum lot size requirement, on property located at 3320 Kingsbury Avenue. Zoning Board of Adjustment Regular Meeting Minutes May 16, 2006, Page 4 Vote on Motion: Member Nelson - "Yes." Member Moore - "Yes." Member Hamilton - "Yes." Member Logan - "Aye." Chairman Brantley - "Yes." The motion carried by a vote of 5 to 0. 5. PERSONAL APPEARANCES (CITIZEN PARTICIPATION REGARDING NON-SCHEDULED ITEMS AFFECTING THE ZONING AFFAIRS OF THE CITY) There were none. 6. ADJOURNMENT There being no further business to come before the Board, Chairman Brantley adjourned the meeting at 7:40 p.m. Linda Cowart, Recording Secretary Malvin Brantley, Chairman